WARWICK TOWNSHIP BOARD OF SUPERVISORS MINUTES
April 17, 2002

Chairman Bruce Bucher convened the April 17, 2002 meeting of the Warwick Township Board of Supervisors at 7:00 p.m. Present were Supervisors Bruce Bucher, Michael Vigunas, Roger Moyer and Joseph McSparran. W. Logan Myers was absent. In attendance were Township Manager Daniel Zimmerman, Roadmaster Dean Saylor, Code and Zoning Officer Thomas Zorbaugh, Police Chief Richard Garipoli, Jr., Tim Diehm and Vernon Martin. Laura Knowles of Lancaster Newspapers represented the press.

APPROVAL OF MINUTES: On a motion by Vigunas, seconded by McSparran, the Board unanimously approved the minutes of the March 6, and March 20, 2002 meetings as submitted.

TREASURER'S REPORT On a motion by Moyer, seconded by McSparran, the Board unanimously approved the Treasurer's report for March, 2002 as submitted.

PAYMENT OF BILLS: The Board reviewed the list of bills submitted for payment. On a motion by McSparran, seconded by Vigunas, the Board unanimously approved the payment of bills from the General Fund in the amount of $137,455.70.

MANAGER'S REPORT: The Township Manager provided a status report on the 2002 Lancaster County Redevelopment Authority's Community Development Block Grant (CDBG) Program. He explained that the Township does not have any projects scheduled for the 2002 program; however, the Municipal Authority will be sending in the Brunnerville Water Line Project as a separate application.

The Township Manager provided a status report on several Recreation Projects. He explained that the joint meeting to review the Regional Recreation Study is scheduled for Thursday, May 2, 2002 beginning at 7:00 p.m. The meeting will be held at the Warwick Township Municipal Building. He explained that the consultant on the project (ELA Group, Inc.) has delivered a final copy of the study.

The Township Manager provided a status report on the Lititz/Warwick Trailway extension. He explained that the application for the trail grant has been submitted to the County for review.

The Township Manager provided a status report on the Rabbit Hill Estates subdivision plan. He explained that the developer has requested authorization to construct the proposed retaining wall against the curb at Brittany Lane. The Board is agreeable to the boulder retaining wall being constructed against the curb at Brittany Lane within the Rabbit Hill Estates development.

The Township Manager provided a status report on the Forney Field Project. He explained that the final arrangements continue and added that several title issues still need to be resolved.

The Township Manager stated that representatives of Ephrata Borough have requested the Township's cooperation in opposing the County's Cocalico Creek Watershed Plan requiring a 50% reduction in pre vs post runoff. He noted that the Township previously discussed revising its Storm Water Management Ordinance to meet this requirement since other watersheds in the Township have this restriction. He explained that he understands Ephrata Borough's concerns due to the small size of their jurisdiction; however, the Township has initiated the requirement for other watersheds in the area. The Board is in agreement to maintain its previous support of the proposed Cocalico Creek Watershed Plan if approved by the County.

The Board unanimously approved the Township Manager's report.

TAX COLLECTOR'S REPORT: The Board reviewed the March, 2002 Tax Collector's report. On a motion by Moyer, seconded by Vigunas, the Board unanimously approved the Tax Collector's March, 2002 report.

PUBLIC WORKS DEPARTMENT REPORT: The Roadmaster presented a report that outlines the activities of the Public Works Department during March, 2002. On a motion by Vigunas, seconded by Moyer, the Board unanimously approved the Public Works Department's March, 2002 report.

POLICE DEPARTMENT REPORT: The Police Chief presented a report that outlines the activities of the Police Department during March, 2002. On a motion by Vigunas, seconded by McSparran, the Board unanimously approved the Police Department's March, 2002 report.

EMERGENCY MANAGEMENT COORDINATOR'S REPORT: The Emergency Management Coordinator submitted a report outlining his activities during the first quarter of 2002. The Board unanimously approved the Emergency Management Coordinator's report.

ZONING OFFICER'S REPORT: The Zoning Officer presented a report that outlines the Zoning/Building permits issued in March, 2002. The report also outlines the Case heard at the Zoning Hearing Board's March 13, 2002 meeting.

The Zoning Officer explained that the Township was requested to consider a regional inspection program. He suggested that the Township contact representatives of Lititz Borough, Elizabeth Township, West Earl Township and possibly Penn Township to determine their interest in a regional inspection program. He noted that in order to meet the requirements of the state-wide building code, he would be required to obtain additional certification. The Board briefly discussed the issue. The Zoning Officer explained that he will provide additional information on the issue at a future Board meeting.

On a motion by Vigunas, seconded by McSparran, the Board unanimously approved the Zoning Officer's March, 2002 report.

COMMUNICATIONS: The Board received a copy of the March 2002 edition of the PSATS "News Bulletin" publication.

CONSIDER REQUEST FOR REDUCTION OF LETTER OF CREDIT FOR FARMINGTON WAY: The Board reviewed the request. The Township Engineer commented that based on their recent observation of construction compared with the original Letter-of-Credit estimate amounts, they recommend the Township release $43,362.00 from the current Letter-of-Credit account balance. The retainage represents their opinion of the costs to complete the remaining outstanding items. On a motion Vigunas, seconded by Moyer, the Board unanimously authorized a release of $43,362.00 from the current Letter-of-Credit account for Farmington Way.

CONSIDER REQUEST FOR RELEASE OF ESCROW FOR FAIR MEADOWS DETENTION BASIN: The Board reviewed the request. The Township Engineer commented that based on their recent observation, those previously outstanding construction issues have been addressed in an acceptable manner. Therefore, they recommend the Township release the remaining $3,000.00 from the Escrow account balance. On a motion by Moyer, seconded by McSparran, the Board unanimously authorized a release of the remaining $3,000.00 from the Escrow account balance for the Fair Meadows detention basin.

CONSIDER THE LOT ADD-ON PLAN FOR ROHRER'S QUARRY, PREPARED BY DIEHM & SONS, DATED 11/8/01: Tim Diehm, representing Diehm & Sons, explained that the proposal would convey an approximate 3 acre tract from the adjoining property (owned by "King") to the Rohrer's Quarry property along the east side of Erb's Quarry Road.

The Applicant is requesting a Waiver of Section 402.A.1 pertaining to Plan Scale. The Applicant's consultant has requested a Waiver of the requirement that all plans be prepared at the scales specified within the Ordinance. The submitted plan has been drawn at a scale of 1"=200' to enable plotting of the portion of the quarry's property that is affected by the proposed Lot Add-on activities. The Township Engineer commented that, for the reasons and justification cited within the request letter, they have no objections to granting the Waiver. On a motion by Moyer, seconded by Vigunas, the Board unanimously approved a Waiver of Section 402.A.1 as requested.

The Township Manager explained that the King property was rezoned from Airport Industrial to Agricultural as part of the Township's rezoning amendment in April, 2001. He added that the Planning Commission expressed the opinion that the land should remain under Agricultural zoning since it is being used for standing water only. He explained that the purpose of the Lot Add-on Plan is to provide additional area for the construction of a large sediment pond. He stated that Rohrer's Quarry is currently in the process of expanding their operations on the west side of Erb's Quarry Road (in Penn Township) and added that a DEP Mine Drainage Permit is required for the project. He noted that the proposal could net an additional discharge of 2,000,000 gallons of water per day; therefore, the additional pond is needed to cleanse the water prior to its discharge into a stream. The Township Manager explained that wetland plantings would be included as part of the pond installation project; in addition, the pond would be stocked with bass and trout, respectively. Diehm explained that the pond would have an approximate depth of 19'.

Diehm addressed the Township Engineer's April 10, 2002 comment letter. The Township Engineer commented that the Township should determine if a Riparian Buffer Easement should be created along the tributary to the Little Conestoga Creek, which abuts the site. The Township Manager explained that the riparian buffer would protect the stream banks from eroding from a large discharge of water. Wilbur Rohrer, representing Rohrer's Quarry, stated that the proposed pond would discharge into the existing pond, and discharging into the stream at the current location. Diehm explained that the floodplain notation will be revised to indicate that the area along the stream is to be considered a riparian buffer and that existing vegetation along the stream is to remain. The Township Manager noted that representatives of Manheim Township have received the plan and provided no comments on the project. On a motion by Moyer, seconded by McSparran, the Board unanimously approved the Rohrer's Quarry lot add-on plan contingent upon the Township Engineer's April 10, 2002 comment letter being addressed.

CONSIDER THE LOT ADD-ON PLAN FOR OEHME-MATTINGLY, PREPARED BY DIEHM & SONS, DATED 11/8/01: Tim Diehm, representing Diehm & Sons, explained that the Oehme property is located along Owl Hill Road and the Mattingly property is located along Red Oak Drive within the Dogwood Valley development. He explained that the Mattingly property is an approximate 9,525 square foot triangular shaped parcel. The proposal would convey 6,026 square feet from the Oehme property to the Mattingly property providing a revised area of 15,551 square feet for the Mattingly property. Diehm explained that the previously submitted drawing for the plan illustrated that a portion of the Oehme residence was located within the Municipal Authority's sanitary sewer easement. He explained that upon review of the issue with the Municipal Authority, it was determined that the home is not located within the easement; however, a portion of the existing driveway is located within the easement area. He noted that the easement agreement has been revised to indicate that the Municipal Authority will be held harmless for any damages that could occur while working on the sanitary sewer line within the easement area and to indicate that the Mattingly property is now part of the easement area. Diehm addressed the Township Engineer's April 10, 2002 comment letter. On a motion by Moyer, seconded by McSparran, the Board unanimously approved the Oehme-Mattingly lot add-on plan contingent upon the Township Engineer's April 10, 2002 comment letter being addressed.

CONSIDER THE TIME EXTENSION REQUEST FOR THE TOM PUTNIK LAND DEVELOPMENT PLAN: The Board reviewed the request. On a motion by Moyer, seconded by McSparran, the Board unanimously approved a 90-day extension of time for the Tom Putnik Land Development Plan.

REQUEST FOR TIME EXTENSION FOR THE DOGWOOD VALLEY CONDITIONAL USE DECISION: The Board reviewed the request. The Township Manager explained that the Applicant has agreed to submit a new Conditional Use application for Phase III of the Dogwood Valley development.

CONSIDER BIDS RECEIVED FOR ID MATERIALS IN PLACE: The Board reviewed the bids submitted for ID Materials in place. The Roadmaster provided a report indicating that the bid documents appear to be properly completed as submitted. He recommends to award the bid for ID products to Highway Materials in the amount of $190,161.95, to award the bid for Oil & Chip in place to American Paving in the amount of $11,967.12, and to award the bid for Milling, Reclamation and Grading to Martin Paving in the amount of $16,615.15 (these were the lowest bids for each item). On a motion by Vigunas, seconded by Moyer, the Board unanimously awarded the bid for ID products to Highway Materials in the amount of $190,161.95, awarded the bid for Oil & Chip in place to American Paving in the amount of $11,967.12, and awarded the bid for Milling, Reclamation and Grading to Martin Paving in the amount of $16,615.15.

CONSIDER RESOLUTION #04-17-02-01 OUTLINING THE TRANSFER OF FUNDS FOR THE 2001 BUDGET: The Board reviewed the Resolution. The Township's Auditor (Sager, Swisher and Company) recommended that certain unbudgeted expenditures be reclassified to the appropriate expenditure accounts in accordance with the prescribed account classification of the Department of Community and Economic Development. The recommendation recommends the transfer $75,000 from account 492.100 to account 492.041 - Health Benefit Fund; the transfer $49,444 from account 492.100 to account 410.302 - Legal Fees; the transfer $3,011 from account 492.100 to account 433.370 - Highway Maintenance & Repairs; and the transfer $32 from account 492.100 to account 454.600 - Parks Capital Improvements. On a motion by Vigunas, seconded by McSparran, the Board unanimously adopted Resolution #04-07-02-01.

DISCUSS DRAFT RESOLUTION RELATING TO THE LANCASTER COUNTY PERMITTING INITIATIVE: The Board reviewed the draft Resolution. The Township Manager explained that the Board authorized preparation of the draft resolution at their September 19, 2001 meeting. He explained that the Township Solicitor revised the draft resolution received from the County in order to protect the Township's interests in the initiative and to revise several sections that referenced an Agreement by the County to take certain actions, since the Township does not have jurisdiction in binding the County to any requirements. He explained that if the Board is agreeable to the draft resolution, a copy will be forwarded to the County for their review; subsequently, a final draft will be provided to the Board for action at a future meeting.

The Township Manager stated that the program is a process for streamlining local governmental review for selected economic development projects. He added that the municipality would determine the time period for planning review, and the Lancaster County Planning Commission would work within the established time period. He noted that if the Township adopts a Resolution establishing the initiative, it would still have the option to exercise the "standard" review procedures for a project even if the project would meet the established initiative guidelines. The Board is agreeable to the draft resolution as written.

PENN NATIONAL INSURANCE COMPANY DECLARATORY JUDGMENT ACTION: The Township Manager explained that the Township was given 20 days to act on the issue. On a motion by McSparran, seconded by Moyer, the Board unanimously authorized the Township Manager, upon consultation with the Township Solicitor and if deemed appropriate by the Township Manager and Chairman of the Board of Supervisors, to (i) retain special counsel or other consultants to review and/or defend the Declaratory Judgment Action filed by Penn National Insurance Company and (ii) verify and file any pleadings or other documents on behalf of the Township in connection with said Declaratory Judgment Action. The Board requested regular updates on any legal fees incurred by the Township as a result of this action.

ADJOURNMENT: With no further business to come before the Board, the meeting was adjourned at 8:03 p.m.

Respectfully submitted,

Daniel L. Zimmerman
Township Manager